The Tasmanian Commissioner for Children and Young People, Leanne McLean, has revealed that she was never briefed or asked to comment on the Justice and Related Legislation (Marriage Amendments) Bill 2018 – even after major amendments were pushed through the Lower House late last year.
This startling admission highlights how little consultation Labor and the Greens have done on their proposed transgender law reforms. The Commissioner’s office exists to ensure that the wellbeing and best interests of children are paramount, yet she was sidelined from the process entirely.
In her advice to the Legislative Council, Ms McLean raised serious concerns about the practical operability of the bill and its potential impacts on children and young people. Most critically, she noted that the amendments removed explicit consideration of the “best interests of the child”, a fundamental safeguard in law and policy affecting minors.
She also recommended that the bill require:
- Counselling for children and young people before any application to alter sex or gender records; and
- A clear framework to ensure children’s voices are heard, but always weighed against their welfare and long-term interests.
These concerns expose the reckless speed with which the reforms were passed in the House of Assembly. While every other state managed modest and considered changes to align with the federal Marriage Act, Tasmania has taken a radical, poorly drafted path – without full community consultation or proper scrutiny of child protections.
The Legislative Council must now act responsibly. This issue should be referred to the Tasmanian Law Reform Institute for a full and thorough inquiry so that parents, medical experts, women’s groups, children’s advocates, and the wider community can all have their say.
Tasmania deserves legislation that protects children, respects women’s rights, and upholds democratic standards of transparency – not rushed reforms driven by political opportunism.